South Dakota State Constitutional Convention 1889

Following the rejected 'Sioux Falls' Convention of 1885, the South Dakota Convention met and began the drafting process in July of 1889. They used the articles of the Sioux Falls Convention as starting propositions to begin the amendment process. The South Dakota Constitution was ratified in October 1889.

Committee on Federal Relations

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Session 15699: 1889-07-19 14:00:00

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OLD Report of the Committee on Federal Relations on Article XXII

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MR. PRESIDENT: Your Committee on Federal Relations, to which the proposition or resolution, presented by Mr. Boucher, relating to compact with the United States, was referred, would respectfully report that we have had the same under consideration and have decided to report herewith “ An Ordinance irrevocable without the consent of the United States and the People of this State, relating to Religious Toleration, Public Lands, Taxation of Lands, Debts of the Territory of Dakota and Public Schools,” and would recommend the passage of said Ordinance.

Your committee would further report that we have had under consideration Article XXII of the Sioux Falls Constitution and find that the same is defective because it does not contain all the provisions required by the Omnibus Bill, and we would therefore recommend that the said Article XXII be stricken out of the Constitution. We would further report that the said Ordinance contains all the provisions of said Article XXII and such additional provisions, not contained in said Article XXII as are required by the Omnibus Bill, so called, or Enabling Act.

An Ordinance, irrevocable without the consent of the United States and the People of this State, relating to Religious Toleration, Public Lands, Taxation of Lands, Debts of the Territory of Dakota and Public Schools.

Be it Ordained by the Constitutional Convention of the State of South Dakota:

First: That perfect toleration of religious sentiment shall be secured, and that no inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship.

Second: That the people inhabiting this State do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian or Indian Tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and the said Indian lands shall remain under the absolute jurisdiction and and control of the Congress of the United States; that the lands belonging to citizens of the United States residing without this State shall never be taxed at a higher rate than the lands belonging to residents of this State; that no taxes shall be imposed by this State on lands or property therein belonging to, or which may hereafter be purchased by the United States or reserved for its use. But nothing herein shall preclude this State from taxing, as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation but that all such lands shall be exempt from taxation by this State so long and to such extent as such act of Congress may prescribe.

Third: That the State of South Dakota shall assume and pay that portion of the debts and liabilities of the Territory of Dakota which the joint commission appointed by the Constitutional Conventions of North Dakota and South Dakota have adjusted and agreed upon as the just proportion of said debt and liabilities to be assumed and paid by South Dakota. The agreement reached respecting said debts and liabilities is incorporated in the Constitution of this State and this State obligates itself to pay its proportion of such debts and liabilities, as therein specified, the same as if they had been created by this State.

Fourth: That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all the children of this State and free from sectarian control.

Fifth. That this Ordinance shall be and remain irrevocable without the consent of the United States and the people of this State.

W. H. MURPHY,

C. A. HOULTON,

C. G. SHERWOOD, C. J.

B. HARRIS.

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